ORDER

1. This revision under section 397/401 of Cr.P.C. has been filed by the petitioners against the judgment dated 3.9.2007 passed by Additional Sessions Judge, Chachoda District Guna (M.P.) in Criminal Appeal No.212/2007 affirming the judgment dated 16.3.2007 passed in criminal case No.508/2005 by JMFC Chachoda District Guna by which petitioners have been convicted for the offence punishable under section 325/34 of IPC and sentenced to undergo 3 months R.I. with fine of Rs. 300/- each with default stipulation.

2. In brief facts of the case are that on 22.2.1997 complainant Shivraj Singh lodged a report against petitioners that they committed marpeet with him by means of Lathi due to which he got fracture. Report was lodged. After investigation, charge-sheet in the matter was filed. Learned trial Court after appreciating the evidence on record, convicted the petitioners for the aforesaid offence.

3. Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that the incident took place on 22.2.1997. Petitioners are facing ordeal of trial for the last more than 25 years. Petitioners have suffered one month of custody period as against three months of sentence awarded. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them.

4. Learned counsel for the State supported the impugned judgment.

5. Heard learned counsel for the parties and perused the record.

6. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioners to the period already undergone by them, the fine is enhanced from Rs.300/- to Rs.5000/- each under section 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under section 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced from Rs.300/- to Rs.5000/- each which shall be deposited by them within a period of one month from today before the trial Court, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioners be given to the complainant under section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.